Following the findings and recommendations in the Grenfell Inquiry report, the government is implementing new measures to address the estimated 4,000-7,000 buildings in England that have unsafe cladding still to be identified. The Ministry of Housing, Communities and Local Government (MHCLG) has published a new Remediation Acceleration Plan (RAP), to expedite the removal of that unsafe cladding.

Harriet Atkin, a partner at national law firm Clarke Willmott LLP, looks at the new measures and the key takeaways for landlords.

Cladding remediation works by 2029

Angela Rayner has written to those responsible for "building safety fund and cladding safety scheme buildings" to say that remediation works are expected to start, by 31 March 2025 for buildings over 18 metres, and as soon as possible in 2025 for buildings over 11 metres.

The aim of the RAP is that by the end of 2029 all buildings over 18 metres with unsafe cladding, where government funding is available, will have been remediated and that every building over 11 metres with unsafe cladding, will have been remediated or have a date for completion. The RAP is no more specific than referring to ‘unsafe cladding’ and ‘cladding remediation’, so whilst the scope of fire safety defects covered within the RAP may not be clear, landlords should assume the widest interpretation so as not to be caught out and subject to penalisation.

The RAP aims to speed up the process of making these homes safe by focusing on three key objectives:

1. Fixing buildings faster: the RAP intends to expedite remediation of high-risk buildings with clear deadlines and penalties for non-compliance.

2. Identify all unsafe buildings: the RAP aims to identify all buildings with unsafe cladding through advanced data assessments and the creation of a comprehensive building register. In relation to buildings that are 11m or higher, the MHCLG intends to intensify the government’s current data assessment of building records in the next 6 months and legislate to create a comprehensive building register.

3. Support residents: the RAP also intends to protect residents from the financial burdens of remediation and improve their experience throughout the process.

The government is expected to publish a further update on the plan in summer 2025 to report on progress and to reflect the second phase of the spending review, as well as committing to bringing forward a long-term social housing remediation strategy in Spring 2025. Before then, the government will begin to accelerate remediation of social housing by making sure that social landlords are applying for government funding if they are eligible and increasing targeted support for those social landlords, so that works can start sooner.

The RAP confirms that the fire risks of cladding and external walls should be assessed using the PAS 9980 guidance. On paper, this requirement seems logical given that, if a life safety risk posed by the external wall system of the building is identified within a PAS 9980, regulators can serve a statutory notice on the landlord, legally requiring the landlord to remediate the defect. However, requiring the provision of a report produced in accordance with PAS 9980 raises time and costs issues, considering the limited fire engineers available and the associated expense. There is also the well-known disconnect between the practical conclusions often drawn in FRAEWs and a building owner’s contractual rights against original contractors, which is a point that remains untested in the courts. It will be interesting to see if the long-term social housing remediation strategy in Spring 2025 has any further comments on the realities of remediation.

The RAP is silent on how remediation will be funded by those landlords whose buildings are not eligible for government funding and where the original contractors at fault are uncooperative. There is no plan of action or suggested recourse for those landlords who are faced with expensive remediation works and are now put to a deadline to have them completed. In fact, the government recognises that social housing providers have varying capabilities and access to funding, however the RAP does not confirm how this barrier will be overcome (other than by social housing providers applying for funding, where possible).

Legal duty and enforcement by local authorities

The government says it will legislate to place a legal duty on those responsible for buildings over 11 metres, to take the necessary steps to fix their buildings within the new clear timescales. The government says that there will be "significant financial consequences for inaction" and "a new criminal offence" for those that ultimately fail to do this. Whilst the imposition of these sanctions is to promote faster remediation and to reflect the serious risk to life posed by unsafe cladding, the prospect of potentially being liable for a new criminal offence is undoubtedly very worrying for most social landlords.

Within the RAP, the government has outlined the regulatory powers given to local authorities and the oversight of buildings within their area, for example, they can now serve improvement and enforcement notices to impose requirements on a building owner to improve their buildings.

The RAP is supported by increased enforcement investment, which will increase the capacity of not only local authorities, but fire and rescue authorities and the Building Safety Regulator (BSR) to manage hundreds more cases annually. Local authorities will have access to expertise on their most complex and high-risk buildings through the national Joint Inspection Team. The MHCLG has published guidance for the Remediation Enforcement Support Fund, which provides two options to local authorities: either £5,000 for procuring independent advice on the viability of legal action, or up to £100,000 for obtaining expert services to pursue legal cases.

The RAP also aims to empower metro mayors to work in partnership with local authorities and regulators to drive remediation in local areas through Local Remediation Acceleration Plans.

Key takeaways for landlords

• Urgent action: landlords should be reviewing their developments, prioritising and planning. The introduction of the RAP is a further justification to push forward with remediation claims against developers. There is a balancing act required between the legal obligations to mitigate and pursue culpable parties, and the regulatory and statutory obligations placed upon landlords; however, the RAP is a reminder that inaction is unacceptable.

• Funding: landlords need to ensure that they have considered if they are eligible for funding on all of their developments, this includes the Building Safety Fund and Cladding Safety Scheme, as well as the Waking Watch Replacement Fund, which is now being extended until March 2026.

• Registration: landlords need to identify all of their developments with unsafe cladding and register them. Consideration should be given to those developments with wider fire safety defects despite the RAP being unclear on this point.

• Support residents: in addition to complying with their statutory and regulatory obligations, landlords need to ensure they are complying with the Code of Practice for the Remediation of Residential Buildings to inform, consider and take reasonable steps to mitigate the impact on residents.

If you have any questions or require assistance in relation to the RAP or any building safety claims, Clarke Willmott’s expert construction team can help. For more information visit Construction law - Clarke Willmott solicitors